ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		BOARD DATE:  27 September 2019

	DOCKET NUMBER:  AR20180016303


APPLICANT REQUESTS:  Disenrollment from the Survivor’s Benefit Plan (SBP) and 
cancellation of his SBP debt.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from active Duty) for the 
period on 31 October 2018
*	DD Form 2656-2 (SBP Termination Request), dated 29 July 2019

FACTS:

1.  The applicant states he mistakenly requested enrollment into SBP.  Both he and his 
spouse do not wish to be enrolled into the program and would like to be disenrolled. 

2.  The applicant provides: 

*	a copy of his DD Form 214, which shows he was honorably separated on 31 
October 2018 due to retirement after completing 22 years and 9 days of active 
duty service
*	DD Form 2656-2 (SBP Termination Request), wherein his spouse acknowledged 
she will not receive any SBP benefits upon the applicant’s death and concurred 
with the decision to terminate participation in SBP, her signature was witnessed 
by a public notary on 29 July 2019

3.  A review of the applicant’s service records show the following on: 

*	22 October 1996 – enlisted in the Regular Army 
*	20 December 2017 – US Army Human Resources Command approved his 
request for voluntary retirement and instructed him to initiate Soldier for Life – 
Transition Assistance Program services for mandatory pre-separation briefings
*	31 October 2018 – Orders Number 361-0017, issued by Headquarters, United 
States Army Garrison, Fort Carson, CO, honorably released him from active duty 
and transferred him to the US Army Control Group (Retired)

4.  On 13 November 2018, 13 days after his date of separation, the Board received the 
applicant’s DD Form 149 for consideration.

5.  Public Law 92-425, the SBP, enacted 21 September 1972, provided that military 
members on active duty could elect to have their retired pay reduced to provide for an 
annuity after death to surviving dependents.  An election, once made, was irrevocable 
except in certain circumstances, or authorized by law.  This law, as amended, also 
provides that every member having a spouse and/or child(ren), who retired/transfers to 
the retired list on or after that date, is automatically covered under SBP at the maximum 
rate unless he/she elects otherwise before retirement or transfer to the retired list.

6.  A correction to the applicant’s initial election form to reflect that the applicant and his 
wife initially opted out of SBP would result in no premiums being owed and a refund of 
any premiums paid.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, the reason for his separation, the SBP election at the time of retirement and the 
date of his application to the ABCMR relative to his date of retirement.  The Board 
considered his spouse’s concurrence to Opt-out of SBP.  The Board found that the 
applicant did not intend to enroll in SPB, his spouse concurs and a correction to his 
record is appropriate.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by:

-	Correcting the applicant’s DD From 2656 to show he elected to decline SBP, 
with his spouses concurrence, prior to the date of his retirement on 31 
October 2018;
-	That his election was submitted and accepted by the proper authority, and;
-	That, as a result of this correction, he be refunded any premiums paid since 
his retirement.

 


	  
I certify that herein is recorded the true and complete record of the proceedings of the 
Army Board for Correction of Military Records in this case.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

1.  Public Law 92-425, the SBP, enacted 21 September 1972, provided that military 
members on active duty could elect to have their retired pay reduced to provide for an 
annuity after death to surviving dependents.  An election, once made, was irrevocable 
except in certain circumstances, or authorized by law.  This law, as amended, also 
provides that every member having a spouse and/or child(ren), who retired/transfers to 
the retired list on or after that date, is automatically covered under SBP at the maximum 
rate unless he/she elects otherwise before retirement or transfer to the retired list.

2.  Public Law 105-85, enacted 18 November 1997, established the option to terminate 
SBP participation.  Retirees have a one-year period, beginning on the second 
anniversary of the date on which their retired pay started, to withdraw from SBP.  The 
spouse's concurrence is required.  No premiums will be refunded to those who opt to 
disenroll.  

3.  Title 10 U.S. Code (USC), section 1448, required notice to a spouse if a member 
elected not to participate in the SBP.  The statute also provided for automatic enrollment 
for spouse coverage at the full base amount unless a member affirmatively declined to 
participate in the SBP prior to receiving retired pay.



ABCMR Record of Proceedings (cont)	 AR20180016303

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